N.Y. Public Health Law § 2500-d: New York state poison control network

§ 2500-d. New York state poison control network. 1. For the purposes

of reducing the incidence, severity and expenditures for accidental,

homicidal, suicidal or environmental poisoning; educating the public

concerning the prevention and treatment of hazardous exposures; and

organizing poison control activities on a regional basis in order to

avoid duplication and waste, the commissioner shall designate facilities

within the state as regional poison control centers.

2. The commissioner shall consider the following criteria in

designating regional poison control centers: compliance or expected

compliance with state poison control standards; location in relation to

the geographical distribution of persons to be served; the need for

expanded poison control services in the area to be served by the

provider; whether the facility is presently providing poison control

services; and the capacity of such providers to deliver and coordinate

poison prevention information and poison treatment to the general

public.

3. The commissioner shall establish minimum standards for designation

as a regional poison control center. Such standards shall include:

a. services to be provided which may include:

(i) dissemination of expert information and consultation services to

professional personnel on the diagnosis, treatment, and management of

any suspected or actual poisonings;

(ii) dissemination of information, emergency first aid, and referral

services to the general public;

(iii) coordination, assurance and monitoring of poison prevention and

medical management programs for the professional community and the

general public in the region it serves; and

(iv) collection of uniform data and research activity to enhance

poison control management;

b. staffing requirements including the number, qualifications and

training of personnel;

c. operational requirements including availability of and access to

services and informational resources, public and professional education,

and protocols;

d. comprehensive treatment capabilities and a categorized system of

treatment facilities for the region;

e. health professional outreach program; and

f. regional data collection system including a method of insuring the

confidentiality of such data as is otherwise required by law.

4. The department shall make an annual report to the legislature of

its findings and recommendations concerning the effectiveness, impact

and benefits derived from the programs as established pursuant to this

section. Such report shall be submitted on or before the first day of

February and shall contain evaluations of such programs.

5. The commissioner shall appoint a committee to advise the department

on matters pertaining to poison prevention and control. Membership on

such committee shall include directors of regional poison control

centers, consumers, industrial representatives, and representatives of

state and federal agencies involved in poison safety.

6. A general hospital which is designated as a regional poison control

center shall submit a budget indicating the costs of operating such

center. Costs determined by the commissioner to be necessary and

reasonable in order to comply with the requirements of this section

shall be reimbursable and shall be allocated to costs of general

hospital emergency services. Such reimbursable costs for a rate period

shall be considered in the calculation of rates of payment for emergency

services of a general hospital for such rate period in accordance with

subdivision two of section twenty-eight hundred seven of this chapter

without application of the maximum payment for the operating cost

component of rates of payment for emergency services. Notwithstanding

any inconsistent provision of law, reimbursable costs of a general

hospital of operating a regional poison control center determined

pursuant to this subdivision for annual rate periods beginning on or

after January first, nineteen hundred ninety-one through December

thirty-first, nineteen hundred ninety-six allocable to emergency

services provided to persons within such payor categories as specified

in paragraphs (a), (b) and (c) of subdivision one of section

twenty-eight hundred seven-c of this chapter for inpatient hospital

services, excluding governmental agencies, shall be included in the

determination of inpatient rates of payment for such payors, excluding

governmental agencies, and rates of payment determined in accordance

with section twenty-eight hundred seven-c of this chapter shall be

adjusted on a hospital-specific basis in accordance with rules and

regulations adopted by the state hospital review and planning council,

subject to the approval of the commissioner, to reflect such costs and

maximum inpatient charges of such general hospital computed in

accordance with such section shall be adjusted accordingly; and cost

based rates of payment for emergency services for such payors, other

than governmental agencies, shall be calculated excluding costs of

operating a regional poison control center.

7. Notwithstanding any inconsistent provision of law to the contrary,

the commissioner is authorized to make grants, within amounts available

therefor, to general hospitals designated as regional poison control

centers to assist such general hospitals to meet reasonable costs of

operation of the regional poison control center.